THE BIG GROUP HOSPITALITY SERVICES ENTERPRISE AGREEMENT 2011

Application for termination of the The Big Group Hospitality Services Enterprise Agreement 2011

[1] TBG Hospitality Services Pty Ltd as trustee for the TBG Hospitality Services Trust (the Applicant) has applied, pursuant to s 222 of the Fair Work Act 2009 (the Act), to terminate The Big Group Hospitality Services Enterprise Agreement 2011[1] (the Agreement).

[2] Sections 222 and 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

"222 Application for FWC approval of a termination of an enterprise agreement

(1) If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to FWC for approval of the termination.

(2) The application must be accompanied by any declarations that are required by the procedural rules to accompany the application.

(3) The application must be made:

• (a) within 14 days after the termination is agreed to; or

(b) if in all the circumstances FWC considers it fair to extend that period - within such further period as FWC allows.

223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement."

[3] The Agreement is a single enterprise agreement and was approved by Fair Work Australia (the Commission) on 12 May 2011[2]. It was approved to operate from 19 May 2011 with a nominal expiry date of 1 April 2015. No employee organisations were expressed to be covered by the Agreement pursuant to s 201(2) of the Act.

[4] I note the Form F24A declaration of Ms Carina Royce (Head of Human Resources) filed in support of the application, states that a secret ballot of employees was conducted by electronic means between 30 November - 1 December 2025. The ballot resulted in a majority of employees who participated in the ballot, voting in support of termination of the Agreement. The application was filed in the Commission on 15 December 2025.

[5] Based on the material contained in and attached to the Ms Royce's declaration filed with the application, I am satisfied that employees were afforded a reasonable opportunity to approve the termination of the Agreement (s.223(a)) and that a valid majority of employees covered by the Agreement approved its termination (s.223(b)). I am also satisfied that there are no other grounds for believing that employees have not agreed to the termination of the Agreement (s. 223(c)) and that it is appropriate to terminate the Agreement. Having been satisfied as to each of the relevant requirements in s.223, I must terminate the Agreement.

[6]

The termination will operate from 19 December 2025. An order giving effect to this decision will be issued in conjunction with this decision.

[2] [2011] FWAA 2704.

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